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(영문) 서울남부지방법원 2014.08.14 2014나51287

대여금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. According to the statements in Gap evidence Nos. 1 through 3, the plaintiff lent KRW 10,00,000 to the defendant on June 3, 201, and the certificate of loan written at the time can be acknowledged that "amount: KRW 10,000,000: Date and time: June 3, 2011; creditor C(A) and registration number: D and address: Chungcheongnam-nam, and resident number E: F and address: F and address: Guro-gu Seoul Metropolitan Government, and the defendant's seal is affixed on the side of the borrower.

B. According to the above facts, the defendant is obligated to pay to the plaintiff 10,000,000 won and damages for delay calculated at the rate of 20% per annum from December 14, 2013 to the day of full payment, as requested by the plaintiff, which is the day following the delivery date of a copy of the complaint of this case.

(1) Although the Defendant asserts that the above loan certificate or the seal of the Defendant is not affixed to the above loan certificate, the Defendant’s seal affixed to the above loan certificate is deemed identical to the Defendant’s seal affixed to the Defendant’s petition of appeal dated December 24, 2013, and the Defendant’s answer dated March 26, 2014, and the Defendant paid KRW 10,000,000 from H through the first instance court to December 24, 2013 and the written reply of January 28, 2014, and H prepared the loan certificate under his name as “C”, the Defendant asserted that the loan certificate was not prepared in the first instance court, and that the obligee’s signature was written as “C” and thus, it cannot be accepted as the Plaintiff’s obligee and the Plaintiff’s address. In light of the above, it is doubtful that the Plaintiff’s assertion that the loan certificate was written as “C” and the Plaintiff’s registration number cannot be accepted.

A. The Defendant’s assertion (1) H, the representative director of A, decided to purchase the J land and building in Guro-gu Seoul Metropolitan Government from I, and KRW 30,000,000 out of the purchase price.